(A) Except those streets listed below ATVs may be operated on all city streets only when a permit has been obtained pursuant to this subchapter and the terms of this subchapter are complied with. Prohibited streets:
(1) U.S. Highway #61; and
(2) MN State Highway #60.
(B) It shall be unlawful for any person to operate an ATV:
(1) On a public sidewalk providing for pedestrian traffic;
(2) On private property of another without written/dated/signed permission of the owner or person in control of the property, which permission shall be on the operator’s person while operating the ATV;
(3) Upon any school grounds without written/dated/signed permission of responsible school authorities, which permission shall be on the operator’s person while operating the ATV;
(4) On any other public place or ground, except as may be specifically permitted by other provisions of the city code;
(5) At any place, while under the influence of alcohol or drugs as defined in M.S. § 169.121, as it may be amended from time to time, which is hereby incorporated herein by reference;
(6) At a rate of speed greater than the posted speed limit;
(7) At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property;
(8) During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:00 a.m. to 7:00 a.m. on other days; except that, during the prohibited hours of operation, the operation shall be permitted when returning to the city for the purpose of following the most direct practical route possible from a point outside the limits of the city to the residence of the operator or passenger and, except during the prohibited hours of operation, the operation shall be permitted for the purpose of leaving the city by the most direct practical route possible to go to a specific destination outside of the city;
(9) Without a lighted headlight and tail light at night;
(10) In any trees, nursery or planting that damages or destroys growing stock or on any private property without the permission of the owner thereof;
(11) Entering any intersection without yielding the right-of-way to any vehicles or pedestrians, which are at the intersection, or so close to the intersection as to constitute an immediate hazard;
(12) Leaving an ATV in a public place without locking the ignition, removing the key and taking the same with him or her;
(13) Intentionally driving, chasing, running over or killing any animal with a ATV; and/or
(14) All passengers and riders under the age of 18 years must where a safety helmet.
(C) The provisions of this subchapter shall not apply to an ATV used by governmental agencies in the pursuit of their duties or during emergency use. Nothing in this subchapter shall prohibit the use of ATVs within the right-of-way of a state trunk or county state aid highway or upon public lands or waters under the jurisdiction of the Commissioner of Natural Resources in an organized contest or event subject to the consent of the official or board having jurisdiction over the highway or public lands or waters. Nothing in this subchapter shall prohibit the use of ATVs within the right-of-way of a state trunk or county state aid highway or upon other public streets in the city during a parade.
(D) (1) When, at any time, an ATV is operated within the right-of-way of a public roadway, but outside of the traveled portion, or when an ATV is operated as permitted in crossing a public roadway, all other traffic regulations of the city and the state, including, but not limited to, those pertaining to operating or being in actual physical control of a motor vehicle while intoxicated shall be applicable to the operators of the ATVs.
(2) Furthermore, for the purpose of enforcing traffic regulations at any time that any ATV is within the right-of-way of a public roadway or lawfully upon the traveled portion of a public roadway, the ATV shall be deemed to be a motor vehicle, and subject to all rules, ordinances, statutes and regulations pertaining thereto as the same term is defined by M.S. § 169.011, subd. 42, as it may be amended from time to time.
(Prior Code, § 1132.4) (Ord. passed 11-14-2012; Ord. passed 5-6-2014; Ord. passed 11-7-2017) Penalty, see § 72.99